Roll v. Howell
Alabama Court of Appeals
Original application in Court of Appeals. Motion by Clark Howell, as administrator of the estate of Lizzie G. Howell, to set aside and vacate the order and judgment of this court reversing and remanding the cause of Roll v. Howard and taxing appellee with the costs of the court.
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Original application in Court of Appeals. Motion by Clark Howell, as administrator of the estate of Lizzie G. Howell, to set aside and vacate the order and judgment of this court reversing and remanding the cause of Roll v. Howard and taxing appellee with the costs of the court. The grounds alleged are as follows: That the judgment from which the appeal in this cause was prosecuted was rendered on, to wit, May 20, 1912. That said appeal was taken and supersedeas bond approved July 2, 1912, during- the usual office hours of the clerk, to wit, 7 a. m. to 6 p. m. That on, to wit, July 2, 1912,…
1Opinion of the Court
BROWN, J. —
The judgment of this court entered on the 13th day of May, 1913, is not void on the face of the record; and the questions presented by this motion are not within the influence of the principle, often declared in this state, that courts, in order to protect the integrity of their records, will expunge therefrom orders and judgments void on their face, regardless of the lapse of time. — Sweeney, et al. v. Tritsch, 151 Ala. 242, 44 South. 184.(1) On the face of the record in this case, jurisdiction is affirmatively shown, and the proceedings appear in all things regular; and on the…
2Cases cited13 opinions
- Sweeney v. TritschSupreme Court of Alabama · 1907
- Green v. WatkinsSupreme Court of the United States · 1821
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Moore v. SpierSupreme Court of Alabama · 1885
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
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3Cited by4 opinions
- Thompson v. MenefeeSupreme Court of Alabama · 1928
- Cochran v. StateSupreme Court of Alabama · 1921
- Conner v. StateAlabama Court of Appeals · 1917
- Evans v. KingAlabama Court of Appeals · 1927